AI note-taking: do you need patient consent in France?
To use an AI note-taking tool in France, you do not need a signed form, but you must inform the patient and ask whether that suits them. What the law says, how to do it simply, and a template text.
Countries covered : France
To use an AI note-taking tool as part of a patient's care in France, you do not need a signed form. Inform your patients and simply ask them whether that suits them. The simplest way is a poster in your practice and a word at the first session.
This page explains what the law says, how to inform your patients simply, and offers a template text.
What the law says
Caring for a patient involves processing health data. The GDPR does not require the patient's agreement for this, but it does require you to inform them. They must know what is done with their information, how long it is kept and what their rights are (articles 13 and following).
The French Criminal Code punishes capturing statements made in private without the person's agreement (article 226-1). But the same article provides that agreement is presumed when the person is aware of it and does not object although they could. This is why a signed form is not needed. The patient must still be informed, and the safest approach is simply to ask whether they agree. A working document from the HAS and the CNIL (February 2026) also notes that a person's voice can only be captured and used with their consent.
How to inform your patients simply
- A poster in your practice, which the patient reads before the session.
- An information sheet for patients who want to know more.
- A word at the first session, to ask whether that suits them.
You can explain, for example, that you use a note-taking tool that lets you be more present during the session and better prepare their follow-up, and ask whether that suits them.
For therapy already under way, simply do it at the start of the next session.
What your patients want to know
Patients mostly ask two questions. Where does my information go, and is everything kept? Have precise answers about the tool you use.
- Where the data is hosted, and on which servers.
- Whether audio is kept or not.
- Whether the AI keeps the data or uses it for training.
- Who can read the notes, and how long they are kept.
Template information text
This text can be displayed in your practice or handed to the patient. Adapt it to your practice and to the tool you use.
If the patient declines
You do not use the tool for their sessions. You take notes as usual, or dictate your observations after the session. Note their choice in the record, so you do not start the tool out of habit next time.
With Delta
Delta provides a ready-to-use poster and information sheet, for France, Belgium and Switzerland. You will find them on the patient sheets page.
Your data is hosted in France, on HDS-certified servers, and it is encrypted there. Before the AI writes anything, the information that could identify you and your patient is pseudonymised. No audio file is kept, and the data is never retained by the AI or used to train models. All the details are on our security page.
To go further, our article on AI note-taking in therapy sessions explains how it works.
Do I need the patient to sign a consent form?
No. No form is required. Inform the patient, for example with a poster in your practice, and simply ask them at the first session whether that suits them. A note in the record keeps a trace of their answer.
What if the patient declines?
You do not use the tool for their sessions. You can take notes as usual, or dictate your observations after the session. Declining makes no difference to their care.
Do I need to raise it at every session?
No. Information given at the start of therapy is enough. It is worth reminding patients if the tool or its conditions change.
What about children or couples therapy?
For a minor, inform the parents and also explain the tool to the child in words suited to their age. In couples or family therapy, everyone present must be informed and can decline.
Try Delta for 14 days
Live note-taking or dictation, a report for every session and an up-to-date patient record. The poster and information sheet for your patients are included.
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